| 1 | | - | Amended IN Assembly April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 955Introduced by Assembly Member Jones-SawyerFebruary 16, 2017 An act to amend Sections 85 and 86 of the Penal Code, relating to body-worn cameras. bribery.LEGISLATIVE COUNSEL'S DIGESTAB 955, as amended, Jones-Sawyer. Body-worn cameras: peace officers. Bribery.Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to give or offer to give a bribe to a Member of the Legislature, to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or to attempt by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member. Existing law also makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years and subject to a specified fine, for those members to ask, receive, or agree to receive, any bribe, as specified, or to give, or offer or promise to give, any official vote in consideration that another member shall give this vote either upon the same or another question.This bill would increase the term of imprisonment in the state prison to 5, 6, or 7 years for those crimes.Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to body-worn cameras.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 85 of the Penal Code is amended to read:85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years.SEC. 2. Section 86 of the Penal Code is amended to read:86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine.SECTION 1.It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer. |
|---|
| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 955Introduced by Assembly Member Jones-SawyerFebruary 16, 2017 An act relating to body-worn cameras. LEGISLATIVE COUNSEL'S DIGESTAB 955, as introduced, Jones-Sawyer. Body-worn cameras: peace officers.Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to body-worn cameras.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer. |
|---|
| 26 | | - | Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to give or offer to give a bribe to a Member of the Legislature, to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or to attempt by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member. Existing law also makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years and subject to a specified fine, for those members to ask, receive, or agree to receive, any bribe, as specified, or to give, or offer or promise to give, any official vote in consideration that another member shall give this vote either upon the same or another question.This bill would increase the term of imprisonment in the state prison to 5, 6, or 7 years for those crimes.Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to body-worn cameras. |
|---|
| 27 | | - | |
|---|
| 28 | | - | Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to give or offer to give a bribe to a Member of the Legislature, to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or to attempt by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member. Existing law also makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years and subject to a specified fine, for those members to ask, receive, or agree to receive, any bribe, as specified, or to give, or offer or promise to give, any official vote in consideration that another member shall give this vote either upon the same or another question. |
|---|
| 29 | | - | |
|---|
| 30 | | - | This bill would increase the term of imprisonment in the state prison to 5, 6, or 7 years for those crimes. |
|---|
| 26 | + | Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to body-worn cameras. |
|---|
| 44 | | - | The people of the State of California do enact as follows:SECTION 1. Section 85 of the Penal Code is amended to read:85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years.SEC. 2. Section 86 of the Penal Code is amended to read:86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine.SECTION 1.It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer. |
|---|
| 36 | + | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer. |
|---|
| 55 | | - | |
|---|
| 56 | | - | 85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years. |
|---|
| 57 | | - | |
|---|
| 58 | | - | 85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years. |
|---|
| 59 | | - | |
|---|
| 60 | | - | 85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years. |
|---|
| 61 | | - | |
|---|
| 62 | | - | |
|---|
| 63 | | - | |
|---|
| 64 | | - | 85. Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years. |
|---|
| 65 | | - | |
|---|
| 66 | | - | SEC. 2. Section 86 of the Penal Code is amended to read:86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine. |
|---|
| 67 | | - | |
|---|
| 68 | | - | SEC. 2. Section 86 of the Penal Code is amended to read: |
|---|
| 69 | | - | |
|---|
| 70 | | - | ### SEC. 2. |
|---|
| 71 | | - | |
|---|
| 72 | | - | 86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine. |
|---|
| 73 | | - | |
|---|
| 74 | | - | 86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine. |
|---|
| 75 | | - | |
|---|
| 76 | | - | 86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.In imposing a fine under this section, the court shall consider the defendants ability to pay the fine. |
|---|
| 77 | | - | |
|---|
| 78 | | - | |
|---|
| 79 | | - | |
|---|
| 80 | | - | 86. Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater. |
|---|
| 81 | | - | |
|---|
| 82 | | - | In imposing a fine under this section, the court shall consider the defendants ability to pay the fine. |
|---|
| 83 | | - | |
|---|
| 84 | | - | |
|---|
| 85 | | - | |
|---|
| 86 | | - | It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer. |
|---|